HomeMy WebLinkAbout113752 BT CONSTRUCTION - CONTRACT - BID - 5266 BORING HORIZONTAL ANNUALSERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and B T Construction Inc., hereinafter referred to as "Service Provider".
WITNESSETH•
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed
a. This Agreement shall constitute the basic agreement between the parties for services
for Horizontal Boring. The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders agreed upon in
writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto
as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference, shall include
a description of the services to be performed, the location and time for performance, the amount
of payment, any materials to be supplied by the City and any other special circumstances relating
to the performance of services. No workorder shall exceed $50,000. The only services authorized
under this agreement are those which are performed after receipt of such Work Order, except in
emergency circumstances where oral work requests may be issued. Oral requests for emergency
actions will be confirmed by issuance of a written Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular services
assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services
WOSA 10/97 1
and Great Western Railroad are included as Additional Insureds as respects
the General Liability and Automobile Liability Policies. This insurance
is Primary. Per Project Aggregate Endorsement and Cross Liability
included on the General Liability Policy. Cancellation Clause or
Materially Altered is amended to read 30 days notice, except 10 days
notice for non-payment of premium.
Insured: BT Construction - Cert Holder: City of Forst Collins
rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service Provider.
3. Time of Commencement and Completion of Services The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without waiting
for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence upon signing, and shall
continue in full force and effect until May 1, 1999, unless sooner terminated as herein provided.
In addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Pricing changes shall be negotiated by
and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the
Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the
Service Provider and mailed no later than 90 days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written notice
of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior
to the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following address:
WOSA 10/97 2
City
City of Ft. Collins, Purchasing
256 W. Mountain Ave.
Ft. Collins, CO 80521
Service Provider
B T Construction Inc.
11605 Wadsworth Blvd.
Broomfield, CO 80020
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested. No Work Order of $50,000 or more shall be
issued.
8. Payments. a. The City agrees to pay and the Service Provider agrees to accept
as full payment for all work done and all materials furnished and for all costs and expenses incurred
in performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting
of one (1) page, and incorporated herein by this reference.
b. Payment shall be made by the City only upon acceptance of the work by the City and
upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies
and materials, and other costs incurred in connection with the performance of such work.
9. City Representative, The City's representative will be shown on the specific Work
Order and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be directed to
the City Representative.
WOSA 10/97 3
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extend that the work shall be
done in accordance with the terms, plans and specifications furnished by the City.
11. Personal Services. It is understood that the City enters into the Agreement based
on the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the city.
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights under the Agreement or
of any cause of action arising out of the performance of this Agreement.
13. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed
by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by
Service Provider in a manner and at a time acceptable to City.
14. Default. Each and every term and condition hereof shall be deemed to be a material
WOSA 10/97 4
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because
of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representative, successors and assigns of said parties.
17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions, suits,
claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death
of any person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured under this
Agreement of the type and with the limits specified within Exhibit "C", consisting of one (1) page,
WOSA 10/97 5
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate
evidencing the insurance coverage required from an insurance company acceptable to the city.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: 0.0— a. -tio�Kr,�t;
Jollin F. Fischbach
City Manager
By: °1 ` ' `/
Ja es . O'Neill II, CPPO
Dir r of Purchasing and Risk Management
Date: 7 'J
B T Construction, Inc.
ATTEST: By:
PRINT NAME
CORPORATE SECRETARY CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_��yy
(Corporate Seal)
WOSA 10/97 6
EXHIBIT'W'
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance _
User
Service Provider agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Services Agreement
between the parties. In the event of a conflict
between or ambiguity in the terms of the Services
Agreement and this work order (including the
attached forms) the Services Agreement shall
control.
Service Provider
By:
WOSA 10/97
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
James B. O'Neill II, CPPO
Director of Purchasing & Risk Management
Date:
EXHIBIT B
BID SCHEDULE
Contractor must include all mobilization, labor, materials, equipment, profit and overhead for
each bore.
Bore # 1 Light and Power Utility
a) Location: Trilby Road and Railroad Tracks (see attached drawing)
b) Size: 18 inch steel and 80 feet long
c) This bore must be completed by April 15, 1998.
(t 280.00 / linear foot X 80 feet = $ 22400.00 Total bid for Bore #1
Bore # 2 Light and Power Utility
a) Location: Sherwood and Railroad Tracks (see attached drawing)
b) Size: 12 inch steel and 60 feet long
275.00 / linear foot X 60 feet = $ 16500.00 Total bid for Bore #2
Bore # 3 Water Utility
a) Location: Mason and Oak Streets (see attached drawings)
b) Size: 14 inch steel and 70 feet long
$ 265.00 / linear foot X 70 feet = $ 18550.00 Total bid for Bore #3
TOTAL BID FOR ALL BORES $
57450.00
Broomfield, CO 80020 Fax tJUJ) ebb—asUy
.r, ai •ivu tlby 0 * _ YC0I
2
.A01 �e�1® CER71FICA"': OF INSURANCE
: 09/(26/97
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH of Denver
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
455 Sherman Street, Suite 390
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. BOX 9364
COMPANIES AFFORDING COVERAGE
Denver, CO 80209
_ _ _
-COMPANY
ATravelers Insurance Company-__
INSURED
BT Construction, Inc.
COMPANY
BHartford Insurance Group
11605 Wadsworth Blvd.
- - - - -""""'
Broomfield, CO 80020
COMPANY
C
I COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED PAID CLAIMS.
_BY
POLICY EFFECTIVE'POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDI DATE(MM/DDIYY) LIMITS
A
GENERAL
LIABILITY
DTHC0332X2006 j
10/03/97
10/03/98
GENERAL AGGREGATE
$2J GOO, ODD
COMMERCIAL
I
GENERAL LIABILIT
PRODUCTS-COMP/OP AGO$
000, 000.
PERSONAL$ ADV INJURY
$1, 000, 000 _
CLAIMS MADE�I hJ OCCUR
WNER'S& CONTRACTOR'S PRO
EACHOCCURRENCE
$1,000,000..
FIRE DAMAGE IAny one fire)
$ — 109 O D D _
MEDEXP(Anyonepereon)
$ 5,000
A
AUTOMOBILE
LIABILITY
DTJ810332X2006
10/03/97
-, 10/03/98
COMBINED SINGLE LIMIT
$1, 000, 000
X
ANVAUTO
BODILYIN JURY
ALL OWNED AUTOS
Fx
SCHEDULEDAUTOS
Perperean)
HIREDAUTOS
SO'""JURYNON-OWNED
$
AUTOS
(P.I.Cvdenl)
_.
---
-- - ----'— "--'--'
PROPERTY DAMAGE
I$
GARAGE LIABILITY
AUTO ONLY -EA ACCIDE NT
$
ANY AUTO
OTHER THAN AUTO ONLY
1
EACH ACCIDENTtAGGREGATE
A
EXCESSLIABILITY
DTSMJCUP332X2006
10/03/98
$4,_0000.00_
X UMBRELLAFORM
�10/03/97
rL-EACHOCCURRE_NC_E___
[AGGREGATE
$4 000_, 000._
_
$
OTHER THAN UMBRELLAFORM
B
WORKERSCOMPENSATIONAND
34WBQT0079
10/01/97
10/01/98
X STATUTORYLIMITS
,
`000
[EACH ACCIDENT
EMPLOVERS'LIABILITY
$100
THE PROPRIETORI INCL
POLCY-L�I-MIT"
$500 000
PARTNERS/EXECUTIVE
OFFICERS ARE: E%CL
_EASE
;DISEASE -EACH EMPLOYEE
$ZOO OOO
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Drake Road and County Road 9 Waterline - Phase II
City of Fort Collins, Rocky Mountain Consultants, Inc. their consultants
(See Attached Schedule.)
CERTIFICATE MOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort Collins
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
256 West Mountain Avenue
1O_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Fort Collins, CO 80521
BUT FAILURETO MAILJNCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
RE
OF ANY KIND U -)HE-COMPANY, AYS OR REPRESENTATIVES.
AUTHORIZEDREPRES
7ary��'d
ACORD 264 ("3)1 of 2 #M47033
SMS 0 ACORD CORPORATION 1993